After an auto loan is dischargedin bankruptcy, how long does the lender have to come and get the car?
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After an auto loan is dischargedin bankruptcy, how long does the lender have to come and get the car?
My Chapter 7 bankruptcy was discharged 14 months ago. We did not surrender the vehicle and the lender has not asked for it. How long a period of time do they have to get the car?
Asked on September 8, 2011 under Bankruptcy Law, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Usually in a bankruptcy proceeding where an automobile is an asset of the bankruptcy estate that is being paid upon by the debtor pusuant to a purchase agreement, loan agreement, promissory note and a security agreement for the note, the crediotr usually makes a motion with the bankruptcy court for possession of the security (automobile) before the bankruptcy debt is discharged.
In your situation since the creditor has not seen fit to ask for the vehicle back, it appears that the creditor has abandoned any claim for it assuming your obligation concerning the loan and the car was discharged in the Chapter 7 bankruptcy.
Your options are as follows:
1. contact the creditor about taking possession of the car;
2. do nothing about the vehicle and continue to use it since the creditor has yet to ask for its return.
I suggest you do option number one.
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